C.R.M. 7978 of 2018
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 14.09.2018 in connection with Salar Police
Station Case No. 53 of 2018 dated 02.04.2018 under Sections
498A/326/307/34 of the Indian Penal Code and Section 3/4 of the D.P.
Act and adding Section 304B of the Indian Penal Code.
In Re : Lalan Bibi @ Lalun Bibi Anr. …… petitioners
Mr. Pratip Kumar Chatterjee
…..for the petitioners
Mr. S. G. Mukherjee, learned P.P.,
Ms. Amita Gaur
….for the State
Learned Counsel appearing for the petitioners submits that the
petitioners are in custody for 163 days and it is also submitted that the
petitioners have been falsely implicated in the instant case.
Learned Counsel appearing for the State opposes the prayer for bail
and submits that prayer for bail of the petitioners was rejected earlier.
We have considered the materials on record including the dying
declaration recorded by the medical officer at page no. 65 of the case
diary. Keeping in mind the extent of complicity of the petitioner no. 2 in
the alleged crime and in the light of the aforesaid dying declaration and
the fact that there is no progress in the matter since the last rejection of
bail by this Court, we are inclined to grant bail to her.
Accordingly, we direct that the petitioner no. 2 shall be released on
bail upon furnishing a bond of Rs.10,000/- with two sureties of like
amount each, one of whom must be local, to the satisfaction of the
learned Additional Chief Judicial Magistrate Kandi, Murshidabad. She
shall not intimidate the witnesses or tamper with evidence in any manner
whatsoever and she shall appear before the trial court on every date of
hearing until further orders and in the event she fails to do so, the trial
court shall be at liberty to cancel her bail without further reference to this
The application for bail is, accordingly, allowed so far as the
petitioner no. 2 is concerned.
However, in view of the fact that the petitioner no. 1, mother-in-law
of the victim, is named in the said dying declaration, we are not inclined
in granting bail to petitioner no. 1 at this stage.
Accordingly, prayer for bail so far as the petitioner no. 1 concerned
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)